Certainty of law

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Legal certainty is a fundamental principle that guarantees predictability and stability in legal systems. It emphasises the clarity and accessibility of legal rules, protecting individuals from arbitrary decisions. This concept promotes public confidence by facilitating economic and social planning, guaranteeing equal treatment in the eyes of the general public and the public. law[3]. Key factors include unambiguous legislation, consistent court rulings and transparent legal processes. Contemporary challenges arise from evolving social needs, complex legal systems and potential conflicts between legal provisions. To maintain legal certainty, jurisdictions employ various approaches, such as legislative measures, judicial interpretative methods, administrative guidelines and public legal education. International legal cooperation also plays a crucial role in harmonising legal frameworks. By prioritising predictability and reliability, legal systems aim to protect individual rights and strengthen the rule of law. rule of law[1]ensuring justice[2] and equity for all citizens.

Terms definitions
1. rule of law. The rule of law is a legal system where all individuals and authorities are subject to established legal norms, emphasising respect for fundamental rights and limiting arbitrary power. Originating from political philosophers such as Montesquieu and Kant, the concept contrasts with absolute monarchies and dictatorships. In modern democratic societies, the rule of law goes beyond property rights to encompass human dignity, defining how state power is exercised and controlled. Key principles include the separation of powers, judicial autonomy and constitutional restrictions on state action. Democracy in this context is characterised by elected representatives and legal mechanisms that guarantee government accountability. Positive law, created by politically constituted representatives, plays a crucial role in defining and limiting state power, with the judiciary maintaining a critical oversight function to prevent potential abuses.
2. justice. Justice is a complex philosophical and social concept that has been examined through various lenses in different historical periods. Ancient Greek philosophers such as Socrates and Aristotle explored its subjective and corrective dimensions, while medieval thinkers such as Thomas Aquinas connected justice to divine will. Modern theorists such as Rawls, Sen and Dworkin offer diverse perspectives on fairness, equality and social organisation. Key approaches include utilitarian views that emphasise collective happiness, libertarian perspectives that prioritise individual rights and capability-based frameworks that focus on human potential. Academics debate the fundamental principles of justice, examining the distribution of resources, opportunities and social goods. Symbolically represented by scales, a sword and blindfolded figures, justice embodies impartiality, balance and rational decision-making. Contemporary discourse continues to explore how justice can be achieved through legal, economic and philosophical mechanisms, recognising its dynamic and multifaceted nature.
Certainty of law (Wikipedia)

A certainty of law is a legal principle which prohibits the existence of gaps in the rules necessary for the resolution of concrete cases in the judicial sphere, and which seeks to protect the subjects of rights from the "complication of legal provisions, excessive legislation, delays in judgements, free law as a form of instability, the mutability or indiscriminate multiplicity of laws".

It is a consequence of the principle of legal certainty and is one of the pillars of the Rule of Law.

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